I've been on again off again with NYS policy on home processors. In past articles it stated that there is absolutely no Home-Based bakeries allowed. There is also the 20-C license followed by the following exemption that I guess I missed previously. If I am understanding this correctly, home processing of baked good is allowed as long as no commercial equipment is used and it is for wholesale sale, craft fairs, farmers mkts, etc.... I will try calling the Dept of Ag for more clarity but was curious if any NY bakers out there fall and work in their homes under this exemption.
TIA
http://www.agmkt.state.ny.us/FS/consumer/processor.html
I am moving back to NY in a few days and have been wondering about the laws, licensing, etc. From reading the link it seems like you are only exempt if you are baking to sell in large quantities like at a farmers market. That wouldn't work for me, unfortunately since I was just planning on doing special orders, not wholesale. Do you (or anyone) know about laws, licensing, etc in NY?
I would love a difninitive answer on this! I called my local ag & markets and they immediately referred me to the health dept. When I asked the health deps about the exemption, they said that it was only through ag & markets. When I told them ag & markets had referred me to them, they (health dept) said it must mean I wouldn't qualify. The rules online, however, seem to make it sound doable. Please post any additional info you find!
It seems to vary by county? i have emailed Dept. Ag. and they told me it's not under their jurisdiction. There are a few members on here in upstate NY that are licensed under Dept. Ag., so it's very confusing. I also don't understand how selling wholesale to farmers markets in large quantities is any different than selling to individuals. I"d be curious to see what they tell you.
i've spoken to my local (buffalo) area dept of ag. i still am not licensed (thank you very much to my husband the slow handyman) but hopefully will be soon. all the other ducks are in a row. So talking to Wayne he said that i qualify under the 20-c exemption which means this
my finished products (cakes,cookies,cupcakes) will be consumed off premesis and you can not sell only 1 slice of cake. he says to claim them as wholesale. the final product does not need to be refridgerated.(no cream cheese, whipped cream...) I am not operating a store front but can have people come pick up there purchase. no chocolates and as far as i know my selling is not restricted.
i have village water so i don't need the testings. i have a dishwasher which helps when you don't have a separate sink. i have no commerical equipment. (ovens, mixers) i don't know if i matters but i do have stainless appliances and a separate work area.
in order to be licensed by the dept of heath i would have to have a separate room with a sink, oven and fridge.
authress, don't listen to them until a dept of ag person says you don't qualify. most dept of health require separate facilities, which is why they have the 20-c exemption for the dept of ag. this is all for upstate, nyc is a whole different ballgame
I have recently spoken to Evelyn Myers who is a New York State Health Inspector covering all of NYS.
She said that if you are making cakes, cookies, bread, rolls, brownies, fudge, double crust pies, jams, jellies, marmalades, candy (EXCLUDING CHOCOLATE) herbs, spices, and sauces; you can make and sell them out of your home in one of two scenarios. #1-you sell only wholesale (farmers markets, bake sales, etc) and she told me that the STate DOES NOT have the okay for wedding cakes out of your home..that is a county by county basis. and #2 you have to be EXEMPT by the state (i.e an inspector has to come out and check that you have proper hair restraints, apron, no animals in the kitchen and hot and cold running water in the kitchen.) Everything has to be labeled with the name and full address of the manufacturers, net weight in grams and ounces and ingredients heaviest to lightest.
She also provided me with the 5 Regional Office numbers for Food Inspectors to call:
Albany 518-457-5459
Syracuse: 315-487-0852
Rochester: 585-427-2273
Buffalo: 716-847-3185
New York City 718-722-2876
She was incredible and has been working for the State as a Health and Food inspector for 42 years...so she knows everything 
Hope that helps!
Thanks for all the info chqtpi! I live in Long Island. It has been very difficult finding someone to speak with that actually knows the ins and outs. BTW did the topic of advertising your business come up at all? I have heard that no website, ads or business cards are allowed to be distributed prior to "legalization".
I did actually ask her that...and she said if it was thru friends and family then its not considered "advertising" since they know that you bake and things anyways..but to save yourself any legal troubles (litigation, potential hazards, etc) not to advertise...not to mention...if your business card, ad, whatever gets in the wrong hands, then a health inspector CAN report you..so she suggested to me to make things legal FIRST and then advertise...to save any headaches.
HTH
btw...I'm in Skaneateles....between Syracuse and Rochester
I'm on LI too. I believe there's a local office of Dept. of Ag. in Hauppauge? I haven't gotten around to contacting them yet...
I just got off the phone with someone part of the Nassau County Dept. of Health. He said as far as Nassau County is concerned the following are the available options:
- You can bake in your clients home and therefore apply for an "in-house" caterers license. (not realistic for bakers like us)
-Build a separate kitchen at your residence, but that will fall under the individual guidelines set forth by the town in which you live. (Commercial zoning and building) This option also seems to be more difficult than it may appear for several reasons.
-Rent commercial kitchen space that already has been inspected and licensed to operate, ie. local churches, synogogues, community centers. You would still have to obtain a "license to bake" in order to use these facilties as well as attend a 10hr 1 week course (5days a week for 2 hours) in "Food Manager Training". The course is given in the same bldg as the nassau cty dept of health located at 240 Old Country Rd. in Mineola. The phone# to register for the course is 516-571-3680.
Good Luck to all! 
Does anyone know what Reagional office would handle West Point, NY?? We are suppose to be stationed there next (in 2yrs) and I would love to know what I have to do to be legal there. Thanks in advance!
Oh, it's fun to see all these NYers! I'm in Syracuse myself. I think I'm going to go the rent a kitchen route for the time being. Unfortunately, I'm still not exactly sure how to do that. I'm also trying to decide between LLC and sole proprietorship and figure out what I need for insurance. So many details!
Thank you for all the info. This certainly gives me a head start. It doesn't seem possible to work a home business in Rockland County from what I've read so far, but if anyone else has information otherwise, then I'd love to hear it. I've been hesitant to call the county for the "rules" ... can you do it without giving your name? I'm just afraid they may try to check up on me somehow (call me paranoid).
mangiamangia, West Point is not that far from me (maybe 25 minutes) and would be covered by Rockland County laws as well. Let me know when you move here and maybe we can work it out together!
mangiamangia, i live on west point, but i'm not sure what the stipulations are for here. i do know that in order to start a home business of any type here you have to go through the provost marshals office. they emailed me an application and said i have to fill it out and mail it to them. you first have to get permission from that office and i'm sure they can help from there. i do know of a lady that used to live around the corner from us who decorated cakes. she has now moved off post to highland falls which is right outside of thayer gate. i'll pm you if i find out anything else.
p.s. it's beautiful here!!!!
I noticed a couple of people on LI...where from? I used to live in Valley Stream. I will be moving back to NY on Sat (taking the plane and sooo scared out of my mind) and I will be living in Queens...anyone know who to contact about the laws there?
mangiamangia, i live on west point, but i'm not sure what the stipulations are for here. i do know that in order to start a home business of any type here you have to go through the provost marshals office. they emailed me an application and said i have to fill it out and mail it to them. you first have to get permission from that office and i'm sure they can help from there. i do know of a lady that used to live around the corner from us who decorated cakes. she has now moved off post to highland falls which is right outside of thayer gate. i'll pm you if i find out anything else.
p.s. it's beautiful here!!!!
I think we plan on living on post so that information on the provost marshals office is helpful. It is very strange for us to actually know this far ahead where we may be going so it is strange to try to plan in advance!! Is your husband up there teaching now? I have several good friend who are up there as tacs. You may acutally know them! I hope it workes out for you to bake from your home!
We where up to WP for a visit recently (during spring break) and it was so gorgeous and peaceful...it had been 9 yrs since we had been there. My husband graduated in '98.
Thanks again for the info and best of eveything to you!
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